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Show DmrmhYGQum' Opened at T Mm .lay-Grand Jury Tmpnel!!-.l - TU Cass Hlte Case Set fnr Oct. 3rd. Several Penon-i juke the Oath and Beoouc Citiz-r-s of the U. S. The Week's Prodeedings, The Seplen-bcr tnrm of the First District court opeue-J Monday, Judge J. W. Blackburn ou the bench. Assistant U- S. Attorney Johu M. Zsno, orfleers of the court and a largo number of legal lights were in attendance. The grand jury was Impanelled and Is composed of the following named gentlemen: gen-tlemen: George W. Mickle, Provo, foreman; fore-man; Andrew Van Buren, OrangeyiUe; Mads Chrlatenson, Richfield; W. W. Losonbso, Anuabslla; Ephriam Beese Wales; George Crane Kanosh; William Memmott.Seipio; William Jex, Spanish Fork;L. l. Deal Springvillo; George Carter Fountain Greeu; Henry Green, Ephviam. The 'following were excused: T. C. Miles, J W. Lowe. E. P. Allred, E. X Parry, Frank Cringhurat, James Rigby.- Iu ttie charge to the jury the judge instructed in-structed that they should not be influenced in-fluenced through malice or ill will. He called attention to the violations of the laws of the United States in relation to post olllces, public lands, unlawful cohabitation, co-habitation, 6tc; crimes against the territory ter-ritory such as murder, assault with intent in-tent to comrnitt murder, etc. The liquor laws were brought to the attention atten-tion of the jury, selling liqnor without a llcecse, telling to minors, selling liquor on tee Sabbath day. In framing indictments the judge stated that it would require twelve to agiae, and if there h evidence sufficient Hasttah Carter was gmnitd a di.v,.. from James Cartnr, the man v. la puiied a gun on his wife aomo llaie. ;io Uil. under the Influence of liquor. Court adjourned until Tuesday at 1". Tuesday. Peter Johnson vs. George Cliuger; motion for new trial. Stricken fs-om calonder with permission to call up later In the torm. Remington, Juhn-son Juhn-son & Co. ts. Dunn & Co.; demurrer to complaint. Demurrer withdrawn; ten days to answer. Pefor.&t,ubbs vs. E. H. Parsons ot al.; morion for new trini Stricken from calender with leave to call np October 1st. Oregon Short Line Tintio Range Range Tiailway company-motion company-motion to retax costs; motion withdrawn. with-drawn. J. T. Haskius vs. John H. Mo-Crystal Mo-Crystal (two eases); niot'on.td sefhSide. default granted upon payment of all costs to dato and $25 Forney's fees for each case; exceptions taken. Upon application ap-plication of A. G. Sutherland. T. F. Fleming was appointed guardian ad litem for Daisy J. Kinsman. Petit Jurors The petit jurors summoned sum-moned to serve tor the term were thereupon there-upon called forward ana examined by George Sutherland as to their statutory qualifications. The following jurors passed: ' A. 8. H&wley, Sevier county; Edward Beid, Manti; John Ford,- Walls-hnrg; Walls-hnrg; Leyl Opensbaw, ' J.. M, HolUdav, Santaqaln: Lake Hie; man, NepbU' Jos. Tucmas, Morgan Warner.Spanish Fork; Lefevre Cnddeback, Sevier; George Ms-Kenzie, Ms-Kenzie, Bprlngville; KrFalrbanks, Pay-son; Pay-son; VV. F. Williams, Lake Shore; James Leetham, Lake Shore;' Fnlmer, Payson; Charles Crandall, Prow Bench; George Gorton, Lehi; 0. A. GUiler, Provo.T.." T. Sheely, American Fork;(A. G.-ThQmas, Fairfield; R. A. Hill, Jr.', Provo E;nch; R. J. Dugdale, J. S. Fiddler, William P. Bennett, C. J. taylof, -: Provo; J . A. Wesif all, Pleasant Grose; J, S. Brown. Lehi. . - i -- - - George C:. Whitmore vs. Rio Grand Western Hallway was the first case called. call-ed. Thnrman & Sutherland appeared for Mr. Whitmore Bnd J,-'i.." Marshall for the railway company.". The salt is brought for some 11,(09 for a number of animals killed by the railway company In Emery county.- Mr Marshall demurred demur-red ts the complaint onacepantof it not charging specific acts and liyie. George Sutherland opposed the diurrer; he' claimed the animals had, been burned by the company,- which, prevented the plaintiff from giving speeiSe time. - Henry E, Wadley of Pleasant Grove, a native "of England;,. Alfred Dshei -a natTyTT)! "Sweden, Isaac Fox of Lehi, a native of England; Albert Johnson, a native of Norway, and Niels 0. Martinson, Martin-son, a native of Sweden, were admitted to citizenship. (Continued oa third page.) in their minds to convict it is their duty I to find an indictment. The following gentlemen became citi. zens of the United States: Andrew and James Gathernrn of Provo, Swen E, Mnnson and Niels Muuson of Pleasant Grove, Christopher Peterson, Lars Lar-ssn Lar-ssn and William Cousins. . ! Uff AND MOTION. . The following law ami motion cases were disposed of: C. L. Brown vs. Timothy D. Sullivan; demurrer withdrawn with leave to answer ans-wer according to. stipulations. r I)e)os Lombard vs. f. D. Sullivan; demurrer to complaint Dcinairer, waived. J.'G. Jones &Co. bruenborry, Pond & Co., demurrer withdrttwu. Timothy Kelly et al. v-i. II 8. Topeph et al.; demurrer averruled; ten days given to answer. The County of Emery va. E. W. Jones et al.; demurrer overuled; ton days given toanewer. .Joseph F. Wright et al. vg. William Hrongh; demurrer overruled; ten days given to answer. The Territory Terri-tory of Utah vs. IHHuri E. Price et al.; demurrer sustained and judgment rendered ren-dered for defendant. United States vs. John F. Mcllor et al.; demurrer overruled; over-ruled; twenty day-j yivon to answer. Gibson & Smurthwaite'va. Lake Shore Co-op. Institution; demurrer waived. William Bazlay vs. Joshua Holman ; motion to rotay costs overruled. Rio Grande Western Railway company vs J. M. Dalton; demurrer overruled; ten days to answer. Lorenzo Pace et al. va. George C. Whitmore et al.; demurrer wittdrawn. M. M. Kellogg, adminis. trator, vs. Joseph Fiddler and Josephine Kellogg; demurrer sustained. Judgement Judge-ment ou demurrer. Anna Marks vs. Woolf Marks; complaint and demurrer withdrawn. iStephen B. Rose vs, Franklin Frank-lin Beers et al.; demurrer overruled; ten days to answer. George F. Powell vs. Walter Moore; demurrer sustained; ten days to amend complaint. Herman Knudsen vs. Neils Omanson; demurrer overruled; ten days to answer. Emanuel Eman-uel Kahn vs. James F. Dunn et al ; demurrer de-murrer sustained; ten days to answer. Daisy J. Kinsman vs. Rio Grande Rail way company; demurrer sustained; ten days to answer. Ogden Hiies aefced to have the case ot the People vs. Cass Hite continued for three weeks from October 3rd, th9 time set for trial, on a;coant of the difficulty in bringing witnesses so long a distance-Prosecuting distance-Prosecuting Attorney Zane opposed any extention of time, as the witnesses for the People had ail been summoned. Judge Blackburn refused to grant the request. . The application for ball of Captain W. E. Davis, held to await the aotlon of the grand jury, without bail, br Commissioner Commis-sioner Greenman, for the killing of Brock at West water, was made upon an agreed statement of facts, as brought out at the examination. Attorney Hamilton Ham-ilton ot Salt Lake aud Thnrman & Sutherland appeared for Captain Davis, and Assistant Prosecuting Attorney Zane representing ihe . People. After Mr. Hamilton had read the agreed statement state-ment of facta Mr, Thurman cahed attention at-tention to the circumstances attending killing. He claimed that the offence was not such as a jury would bring iu a verdict of murder iu the tir.-jt degree; for proof was not eiideut ami the presumption presump-tion not great that it was a capital offense. of-fense. Georg3 Sutherland read several rulings in support of the application under statutes similar tu our own and when the circumstances were as in this case. Judge Blackburn denied the application ap-plication without Mr. Zane being heard in opposition to it. DISTRICT COURT (Continued from first page.) Wednesday The case of YThluaore va the Bio Grande Western Railway companj was tried at considerable" length. A jury was Impaneled and Geo. Sutherland stated the case to jury for the plaintiff The defer dent .corporation is charged with having killed sixty six head of cattle, the property of the plaintiff., In Emery county, at different times during 1389, '90 and 'Sl.by the careless running of their locomotives. Several witnesses for the prosecution and defense were examined and the attorneys at-torneys argued the case at great length. Archibald Oldrod was sentenced to oni month's imprisonment having been foind guilty ot unlawful cohabitation, Thursday, The jary in the case Whitmore' va Slo Grande Western returned a verdict awarding the plaintiff $480 for cattle carelessly killled by that company. Thirty days stay of proceedings was granted the defendant in which to prepare pre-pare and file statement for a new trial, J.G. Jorgenson pleaded guilty to the charge of unlawful cohabitation and sentence was postponed till Rot. 7th: Sent Larson came up on a charge ot unlawful eobabitation and pleaded guilty, sentence will be passed Friday. Lars Augerstine, charged with unlaw ful cohabitation pleaded guilty.. He is and old man and claims to have only supported the women. Promised to obey the law and was sentenced to two months imprisonment. Court adjourned till tea o'clock Friday. Fri-day. From Satuaday's Tribune. Charles C. Larsen, Thomas Peterson, Christian Peterson and soren Peterson all natives of Denmark were admitted to citizenship. 8. R. Bennion, arraigned for unlawful cohabitation, pleaded guilty. W. H. King attorney for defendant, stated that the , unlawful cohabitation was only te.cbnl-eal te.cbnl-eal and for the last eighteen months there had not been ev en that and in the future he would obey the law'strictly. Fine $100 and costs of court. John W. Witt, arraigned on the same charge, pleaded not guilty. His attorney Judge Dusenbcrry, aksed tor sr continuance continu-ance for the term, The case was con-tinned con-tinned for term. Thomas Binghom pleaded gnilty to unlawful un-lawful cohabitation. He had not broken the law of late, and would obey it in the future. Sentenced to three months in the Fen. and to pay costs of court. Edward Thomas was arraigned on the same charge. His case was similar to the above, and. ha was sentenced to three months in the Penetentiary, Thomas Pierpent pleade not guilty to adultery. Upon request of George Sutherland, his attorney, the case was continued for the term. From Sunday's Tribune," ' The' following came before Judge Anderson yesterday. The People vs. Harry Merrill; assault 1 on a Chinaman; judgement, three months in Cache county jail. The People vs. Alexander Robinson and William Robinson ; indictment, mansions ma-nsions mischief ; defendants arraigned and both pleaded dot guilty. Trial set for October 5tb. The People vs. C. F. Olsan; indictment embezzlement; arraigned and pleaded not guilty. Bond, fixed at ,$3,000 and trial set for October 6th. Bernard Dunn vs. Newton Farr; order allowing deposition to be opened And published. |
